Last updated: June 18, 2014

Localty Agreement

The Localty program (“Localty”) is a pilot project run by Vancouver City Savings Credit Union (“Vancity”) to support local businesses. Please read this agreement carefully before participating in Localty. By using the localty.ca mobile responsive website (“Web-App”) or by otherwise participating in Localty, you are agreeing to be bound by this agreement, including the Official Rules for Localty Contests and the Privacy Policy for Localty. Vancity reserves the right to update and change this agreement from time to time without prior notice by posting a revised version of this agreement on the Web-App. Continued use of the Web-App or continued participation in Localty after any such updates or changes will constitute your agreement to such updates or changes. You may review the most current version of this agreement at any time at localty.ca/terms-and-conditions. The date of the most recent version of this agreement appears at the top of the agreement.

There are two types of Localty participants: Localty businesses (“Businesses”) and people who shop at Localty businesses (“Customers”).

Customers

If you are a Customer, the following terms are applicable to you (in addition to those in the “Cancellation and Termination” and “General Terms” sections below):

  • You must be an individual, you must be a legal resident of British Columbia, and you must be 19 years of age or older. Organizations are not eligible to participate in Localty as Customers.
  • You do not have to be a Vancity member to participate in Localty as a Customer.
  • To complete the signup process, you must provide a username, either provide an email address or sign in via Facebook or Twitter, and provide any other requested information.
  • You must not use a username that is the name of another person with the intent to impersonate that person, or use a username that is subject to any rights of another person without appropriate authorization; or use a user name that is offensive, vulgar, obscene or unlawful. Vancity reserves the right to refuse registration of, or cancel a username in its sole discretion.
  • You are only permitted to have one Localty account. You may not register under multiple user names.
  • Your login and your account may only be used by one person – a single login and account shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Vancity will not be liable for any loss or damage resulting from your failure to comply with this security obligation. You are responsible for all information provided in connection with your account and any activity that occurs under your account. You will immediately notify Vancity in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
  • You must not use the Web-App for any illegal or unauthorized purpose. While using the Web-App or participating in Localty, you must not violate any laws.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Customer Transactions and Points

  • When you participate in Localty, you may earn points and badges as described at Vancity.com/localty. Vancity reserves the right to make changes to the way points and badges are awarded.
  • When you make a purchase at a Business, the Business will tell or show you a unique 5-digit code (the “Business Code”) which you may enter into the Web-App to add Localty points to your account. Alternatively, the Business may show you a QR code that you can scan with your phone to enter the Business Code to add Localty points to your account.
  • Localty points and badges have no cash value, but may entitle you to participate in certain Localty contests, games, activities and other promotions.
  • Contests are subject to the Official Rules for Localty Contests. You agree to be bound by the Official Rules. You consent to Vancity using the information you have provided in your account for the purposes of administering the contests.
  • Localty accounts, points and badges are not transferable or assignable.
  • Any disputes in relation to a transaction between a Business and you must be resolved between the Business and you. Vancity has no responsibility in relation to any such disputes, and you release Vancity from all liability in relation to any transaction with any Business and any products or services acquired from any Business.

Businesses

If you are a Business, the following terms are applicable to you (in addition to those in the “Cancellation and Termination” and “General Terms” sections below):

  • In order to participate in Localty, you must be a Vancity member and your Business must be approved by the Vancity Localty Business Application Committee, in its discretion. The purpose of the approval process is to ensure that your Business fits within Vancity’s objectives for the Localty program.
  • Participation of a Business in Localty is subject to review and approval by Vancity, in its sole discretion. Applicant businesses will usually receive a confirmation email from Vancity within 3 business days.
  • Vancity is not liable for any inaccurate information on your business profile. You are responsible for keeping your own business profile up to date via your localty.ca login.
  • When a Customer makes a purchase at your Business, you must tell or show the Customer the Business Code, which enables the Customer to earn Localty points.
  • Customers may receive gift vouchers by participating in Localty contests. You must accept gift vouchers tendered by Customers for purchases at your Business. If you bring such a gift voucher to a Vancity branch in the Greater Victoria area, Vancity will reimburse you for the face value of the gift voucher.
  • Vancity encourages you to display at your Business the Localty collateral provided to you by Vancity.
  • You must comply with any additional reasonable rules, policies and procedures relating to Localty that are provided to you from time to time by Vancity.
  • If you choose to provide or upload photos or logos to the Web-App, then you are responsible for all such photos and logos. Vancity does not pre-screen content posted by you, but Vancity has the right (but not the obligation) in its sole discretion to remove any such photos or logos. Vancity claims no intellectual property rights over any such photos or logos. Your photos or logos remain yours.
  • You agree that Vancity, as the promoter of Localty (and Vancity’s affiliated organizations, and its and their directors, officers, employees, agents, representatives, successors, assigns, independent contractors, licensees, grantees and suppliers—together, the “Vancity Group”), may promote, describe and publicize your Business, in any manner, and by any means and media (including on the Web-App, social media, apps, any other on-line or interactive media, print and television) (the “Promotions”), without examination or approval by you, in order for Vancity Group to publicize, advertise and operate Localty (this sentence collectively, the “Grant”). You consent to Vancity Group disclosing and using your Business name and the facts that you are a member of Vancity and that Vancity does business with you. You give to Vancity Group the non-exclusive and non-assignable right to use and display your Business name, trademarks, photos and logos in connection with the Grant, without any charge or royalty payment owing by Vancity to you.
  • Vancity may from time to time provide you with trademarks (the “Localty Trademarks”) and with guidelines (the “Guidelines”) for the use of Localty Trademarks. Vancity gives to you the non-exclusive and non-assignable right to use and display the Localty Trademarks, without any charge or royalty payment owing by you to Vancity. If you choose to use any of the Localty Trademarks, then you must use them strictly as specified in any Guidelines provided to you. If Vancity provides you with notice that a particular trademark is no longer a Localty Trademark, then you will cease use of that trademark as soon as possible.
  • Vancity Group is not responsible for any consequences to you or others, whether positive or negative, which may result from the Promotions. Vancity Group is not liable to you or any other person if you incur expenses in anticipation of Localty, or if you incur losses or do not profit as expected as a result of Localty. You release Vancity Group from all claims in connection with the Promotions (including claims of appropriation of personality, invasion of privacy, libel, slander, defamation of character, right to publicity, copyright, any other personal or property rights, third party claims, or damage to your premises).
  • Any disputes in relation to a transaction between you and a Customer must be resolved between you and the Customer. Vancity has no responsibility in relation to any such disputes, and you release Vancity from all liability in relation to any transaction with any Customer and any products or services acquired by any Customer.
  • While you may benefit from the free publicity that may result from the Promotions and Localty, Vancity does not make any claims or guarantees of publicity or benefit. Vancity may promote some Businesses more than other Businesses.

Cancellation and Termination

If you are a Customer:

  • You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing localty@vancity.com.
  • All of your content will be deleted, within 3 business days, from the Web-App upon cancellation. This information cannot be recovered once your account is canceled.
  • Vancity, in its sole discretion, has the right to suspend or terminate your account and refuse current or future use of the Web-App, or any other Localty service, for any reason or no reason, at any time. Such termination will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content and Localty points and badges in your account. Vancity reserves the right to refuse service to anyone for any reason at any time.

If you are a Business:

  • You can terminate your participation in Localty at any time by emailing localbusiness@vancity.com.
  • All of your content will be deleted, within 3 business days, from the Web-App upon cancellation. This information cannot be recovered once your account is canceled.
  • Vancity, in its sole discretion, has the right to terminate your participation in Localty and refuse current or future use of the Web-App, or any other Localty service, for any reason (including if you cease to be a member of Vancity) or no reason, at any time. Vancity reserves the right to refuse participation in Localty to any business for any reason at any time.

When your participation in Localty terminates:

  • Vancity will immediately cease using or displaying any of your trademarks and logos in connection with Localty; and
  • ou will immediately cease using or displaying any of the Localty Trademarks, and you will return to Vancity or destroy all Localty collateral previously provided to you by Vancity.

General terms applicable to Customers and Businesses

  • Vancity reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Localty program (or any part of it) with or without notice. Vancity Group will not be liable to you or to any third party for any modification, suspension or discontinuance of the Web-App or the Localty program.
  • Your use of the Web-App and participation in Localty is at your own risk. The Web-App is provided on an “as is” and “as available” basis, and is provided without any representations or warranties of any kind (express or implied), including any implied warranties of merchantability and fitness for a particular purpose, all of which are expressly disclaimed. Your use of the Web-App or any Localty services is solely at your own risk.
  • Vancity Group does not warrant that: (i) the Web-App will be secure or available at any particular time or location; (ii) the Web-App or Localty will meet your specific requirements; (iii) the Web-App will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from use of the Web-App will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Web-App or Localty or from any Business will meet your expectations; (vi) any defects or errors in the Web-App will be corrected; or (vii) any issues that might arise between a Customer and a Business will be resolved to your satisfaction.
  • Vancity Group will not be liable to you or any third party for any direct, indirect, incidental, special, consequential or punitive damages, including damages for loss of profits, goodwill, use, data or other intangible losses (even if Vancity has been advised of the possibility of such damages), resulting from: (i) the use of, or the inability to use, the Web-App or Localty; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Web-App or Localty or from or with any Business; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Web-App; or (v) any other matter relating to the Web-App or Localty or any Customer or Business.
  • You understand that Vancity uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Web-App, and some of these third parties may be located outside of Canada.
  • You must not modify, adapt or hack the Web-App, or modify another website or app so as to falsely imply that it is associated with the Web-App, Localty of Vancity. You must not transmit any viruses, malware or code or content of a destructive nature. You must not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Web-App, or to harvest or scrape any content from the Web-App. You must not decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Web-App, except to the limited extent applicable laws specifically prohibit such restriction.
  • The Web-App may permit you to link to other websites, apps, services or resources on the Internet (“Third Party Content”), and Third Party Content may contain links to the Web-App. When you access Third Party Content, you do so at your own risk. Third Party Content is not under Vancity’s control, and you acknowledge that Vancity is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of Third Party Content. The inclusion of any such link does not imply endorsement by Vancity or any association with its operators. Vancity will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content.
  • The look and feel of the Web-App and its content is copyright protected by Vancity. You may not copy, reuse or exploit any portion of it without the prior written consent of Vancity. LOCALTY, VANCITY, VANCITY (Stylized), and all other distinguishing words, phrases, slogans and logos relating to Vancity are trademarks of Vancity, and may not be used without the prior written consent of Vancity.
  • The failure of Vancity to exercise or enforce any right or provision of this agreement will not constitute a waiver of such right or provision.
  • The word “include” in this agreement means “include without limitation,” and similar words (e.g. “including”) have similar meanings.
  • This agreement constitutes the entire agreement between you and Vancity and governs your use of the Web-App and participation in Localty, superseding any prior agreements between you and Vancity (including any prior versions of this agreement and any Business Directory Agreement).